In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance affecting the Fair Credit Reporting Act (FCRA). This episode provides a comprehensive analysis of how these changes impact key areas such as preemption, background screening, permissible purpose, artificial intelligence, and state attorneys general enforcement actions. The discussion highlights the implications for consumer reporting agencies, furnishers, end-users, and the broader regulatory landscape, offering valuable insights for professionals navigating these evolving challenges. Tune in to understand the potential shifts in compliance and enforcement.

https://fcra-focus.simplecast.com/episodes/regulatory-rollback-inside-the-cfpbs-fcra-guidance-withdrawal-cfp-crossover

Transcript: Regulatory Rollback: Inside the CFPB’s FCRA Guidance Withdrawal (PDF)

Photo of David M. Gettings David M. Gettings

Dave Gettings is a partner who focuses on defending his clients in consumer class actions and complex commercial litigation nationwide.  He specializes in class actions and consumer litigation involving a variety of federal and state laws and regulations, including the Fair Credit Reporting…

Dave Gettings is a partner who focuses on defending his clients in consumer class actions and complex commercial litigation nationwide.  He specializes in class actions and consumer litigation involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practice Act (FDCPA), the Truth-in-Lending Act (TILA), the Electronic Fund Transfer Act (EFTA), and many similar state consumer protection statutes.

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Photo of Kim Phan Kim Phan

Kim is a privacy and data security lawyer who counsels companies in federal and state privacy and data security statutes and regulations. Her work encompasses strategic planning and guidance for companies to incorporate privacy and data security considerations throughout product development, marketing, and

…

Kim is a privacy and data security lawyer who counsels companies in federal and state privacy and data security statutes and regulations. Her work encompasses strategic planning and guidance for companies to incorporate privacy and data security considerations throughout product development, marketing, and implementation.

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Photo of Cindy D. Hanson Cindy D. Hanson

Cindy Hanson focuses her practice on class action defense. Cindy has handled hundreds of matters under the Fair Credit Reporting Act, including over two dozen class actions.

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Photo of Chris Willis Chris Willis

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending…

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending them in individual and class action lawsuits brought by consumers and enforcement actions brought by government agencies.

Chris also leverages insights from his litigation and enforcement experience to help clients design new products and processes, including machine learning marketing, fraud prevention and underwriting models, product structure, advertising, online application flows, underwriting, and collection and loss mitigation strategies.

Chris brings a highly practical focus to his legal advice, informed by balancing a deep understanding of the business of consumer finance and the practical priorities of federal and state regulatory agencies.

Chris speaks frequently at conferences across the country on consumer financial services law and has been featured in numerous articles in publications such as the Wall Street Journal, the New York Times, the Washington Post, American Banker, National Law Journal, BNA Bloomberg, and Bank Safety and Soundness Advisor.

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